|
200305038
<br />F. Maturity. The scheduled final maturity date of the Secured
<br />Obligations is April 25, 2004.
<br />GRANTING CLAUSES
<br />NOW, THEREFORE, in consideration of the premises, the financial and
<br />other support that the Borrower has provided, and may in the future provide, to
<br />the Grantor and other good and valuable consideration, the receipt and sufficiency
<br />of which are hereby acknowledged, for the purpose of securing the due and
<br />punctual payment, performance and observance of the obligations of the Grantor
<br />with respect to the Secured Obligations arising under or in respect of the
<br />Subsidiary Guaranty and intending to be bound hereby, the Grantor does hereby
<br />(except to the extent that Trust Property described below is personal property
<br />covered by the UCC) GRANT (WITH DEED OF TRUST COVENANTS) TO
<br />THE TRUSTEE and its successors as Trustee hereunder IN TRUST WITH
<br />POWER OF SALE for the benefit of the Beneficiary and its successors and
<br />assigns as Administrative Agent under the Credit Agreement, and (to the extent
<br />that the Trust Property described below is personal property covered by the UCC)
<br />does hereby GRANT AND WARRANT to the Beneficiary and its successors as
<br />Administrative Agent under the Credit Agreement, a continuing first security
<br />interest in all of the property an- rights described in the following Granting
<br />Clauses, subject to the Permitted Property Liens (all of which property and rights
<br />are herein collectively called the "Trust Property"), to wit:
<br />GRANTING CLAUSE I.
<br />Land. All estate, right, title and interest of the Grantor in, to, under or
<br />derived from those certain lots, pieces, tracts or parcels of land located in the
<br />cities and counties in the State of Nebraska, more particularly described in Exhibit
<br />A (the "Land ").
<br />GRANTING CLAUSE II.
<br />Improvements. All estate, right, title and interest of the Grantor in, to,
<br />under or derived from all buildings, structures, facilities and other improvements
<br />of every kind and description now or hereafter located on the Land, including all
<br />parking areas, roads, driveways, walks, fences, walls, berms, recreation facilities,
<br />drainage facilities, lighting facilities and other site improvements, all water,
<br />sanitary and storm sewer, drainage, electricity, steam, gas, telephone and other
<br />utility equipment and facilities, all plumbing, lighting, heating, ventilating,
<br />air - conditioning, refrigerating, incinerating, compacting, fire protection and
<br />sprinkler, surveillance and security, vacuum cleaning, public address and
<br />communications equipment and systems, all screens, awnings, floor coverings,
<br />partitions, elevators, escalators, motors, machinery, pipes, fittings and other items
<br />of equipment and personal property of every kind and description now or
<br />hereafter located on the Land or attached to the improvements which by the
<br />nature of their location thereon or attachment thereto are real property under
<br />6
<br />(NY) 04675/ 120 /REAUNEBRASKA/form.dot.NE.doc
<br />
|